Wadhurst Parish Council v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWHC 1735 (Admin) (09 July 2025)

Wadhurst Parish Council v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWHC 1735 (Admin) (09 July 2025)

The inspector properly discharged the statutory duty under section 85(A1) of the 2000 Act by considering whether the proposed development would leave the natural beauty of the AONB unharmed, providing adequate reasons, and imposing conditions to safeguard landscape and tranquillity. The reasoning was consistent with policy and statutory objectives, and there is no substantial doubt as to compliance with the duty.

Citation
[2025] EWHC 1735 (Admin)
Parties
Claimant: Wadhurst Parish Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Wealden District Council; Third Defendant: Elite Leisure (Solomans UK) Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2025
Procedural Posture
Planning Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Protected Landscapes, Planning Appeals, AONB Management Plans, Conservation and Enhancement Duties
Administrative Law Planning Law Environmental Law Statutory Interpretation Protected Landscapes Planning Appeals AONB Management Plans Conservation and Enhancement Duties

Case Brief

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Parties

Wadhurst Parish Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Wealden District Council

Second Defendant

Elite Leisure (Solomans UK) Limited

Third Defendant

Procedural Posture

Planning Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment After Substantive Hearing

Legal Issues

  1. 1 Did the inspector properly discharge the strengthened statutory duty under section 85(A1) of the Countryside and Rights of Way Act 2000 to seek to further the purpose of conserving and enhancing the natural beauty of the AONB?
  2. 2 Did the inspector properly consider and apply the objectives of the High Weald AONB Management Plan 2024-2029 in determining the planning appeals?

Ratio Decidendi

The inspector properly discharged the statutory duty under section 85(A1) of the 2000 Act by considering whether the proposed development would leave the natural beauty of the AONB unharmed, providing adequate reasons, and imposing conditions to safeguard landscape and tranquillity. The reasoning was consistent with policy and statutory objectives, and there is no substantial doubt as to compliance with the duty.

Court Disposition

Claim dismissed

Orders

  • Planning permissions granted by the inspector stand
  • No relief granted to the Claimant